SB376 (2022) Detail

Establishing a committee to study the creation of a board to study mental health incidents among law enforcement officers.


SB 376-FN - AS INTRODUCED

 

 

2022 SESSION

22-2988

08/05

 

SENATE BILL 376-FN

 

AN ACT establishing a committee to study the creation of a board to study mental health incidents among law enforcement officers.

 

SPONSORS: Sen. Giuda, Dist 2; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 1; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Rep. M. Pearson, Rock. 34; Rep. Lang, Belk. 4; Rep. Lynn, Rock. 7; Rep. Gordon, Graf. 9

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes a committee to study the creation of a board to study mental health incidents among law enforcement officers.  The bill also makes an appropriation to the police standards and training council for CIT training.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2988

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT establishing a committee to study the creation of a board to study mental health incidents among law enforcement officers.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Findings.

I.  The general court finds that the number of deadly force incidents involving individuals suffering from mental health disorders is increasing, consistent with the significant increase in mental illness among the general population.  The general court seeks to study establishing a committee or commission to review all incidents involving use deadly force, such committee to focus exclusively on comprehensive review of mental health aspects of all deadly force incidents, with all working papers, notes, deliberations, electronic records and correspondence, discussions, and information or work products developed by such committee to be absolutely exempt from discovery or disclosure for any reason, and prohibited from disclosure or use for discipline, prosecution, or civil litigation.

II.  The general court also finds, in the interest of protecting the well-being and safety of its citizens, that it is prudent to expand the number of crisis intervention training (CIT) qualified law enforcement officers throughout the state.  Each CIT trained officer shall serve as a local police department resource in situations where mental health is a factor in law enforcement interactions with member of the public.

2  Committee Established.  There is established a committee to study establishing a mental health incident review board for the purpose of performing a comprehensive analysis of all mental health aspects of incidents involving law enforcement use of deadly force, and such non-lethal special weapons and tactics (SWAT) engagements, including regional SWAT teams, as the mental health incident review board may choose to review.

3  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  Two members of the senate, appointed by the president of the senate.

(b)  Three members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the criminal justice and public safety committee, one of whom shall be a member of the health, human services and elderly affairs committee, and one of whom shall be a member of the judiciary committee.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

4  Duties.  

I.  The committee shall study establishing a mental health incident review board for the purpose of performing a comprehensive analysis of all mental health aspects of incidents involving law enforcement use of deadly force, and such non-lethal SWAT engagements, including regional SWAT teams, as the mental health incident review board may choose to review.

II.  The committee shall solicit testimony from the following:

(a)  The commissioner of department of health and human services.

(b)  The commissioner of the department of safety.

(c)  One representative from the department of health and human services responsible for establishing departmental policy regarding mental health crisis intervention, appointed by the commissioner of the department of health and human services.

(d)  One representative from the department of safety responsible for statewide oversight and review of SWAT engagements, appointed by the commissioner of the department of safety.

(e)  The director of New Hampshire police standards and training council.

(f)  The chief executive officer of the New Hampshire hospital, or designee.

(g)  The executive director of the New Hampshire Brain Injury Association.

(h)  The executive director of National Alliance for Mental Illness, New Hampshire chapter.

(i)  The president of the New Hampshire Association of Chiefs of Police, or designee.

(j)  The President of the New Hampshire Police Association, or designee.

(k)  A member of the New Hampshire Tactical Officers Association, appointed by the president of such association.

5  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named senate member.  The first meeting of the committee shall be held by August 1, 2022.  Three members of the committee shall constitute a quorum.

6  Report.  The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2022.

7  Appropriation.  The sum of $3,950,000 for the fiscal year ending June 30, 2022 is hereby appropriated to the police standards and training council to compensate local police departments for regular and overtime pay for officers filling in for the officer in CIT training, for officer transportation, lodging and meal expenses during CIT training, and for travel and meal expenses for CIT instructors.  The appropriation shall be in addition to any other funds appropriated to the police standards and training council.  Applications, scheduling, and reimbursement of local police departments and sheriff offices shall be managed by NAMI-NH, which shall coordinate officer training with individual departments throughout the state.  Departments with one or more previously CIT trained officers shall not be eligible for this CIT training program.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

8  Effective Date.  This act shall take effect upon its passage.

 

LBA

22-2988

Redraft 12/14/21

 

SB 376-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a committee to study the creation of a board to study mental health incidents among law enforcement officers.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$3,950,000

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable

$0

$0

$0

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

In addition to establishing a committee to study the creation of a board to study mental health incidents among law enforcement officers, this bill makes a general fund appropriation of $3,950,000 in FY 2022 to the Police Standards and Training Council for crisis intervention training (CIT), which may include reimbursements to local police departments. Since this bill does not contain language specific to when this appropriation would lapse, it is assumed it would lapse June 30, 2022 (end of the fiscal year), therefore only allowing the Council from the time between the bill’s passage and fiscal year end to expend funds.  As such, the Council cannot estimate how much of this appropriation it would be able to expend, if any, prior to lapsing, however, has provided the following relative to the intent of this bill:

 

  • The Council is unlikely to have available space on the Police Standards and Training property to hold much of this training due to current ongoing lack of classroom space at the facility, therefore additional facilities would need to be considered.

 

  •  The Council does not anticipate any administrative impact in the current language as the administration of this program lies with the National Alliance on Mental Health New Hampshire (NAMI-NH).

 

  • The Council is unable to estimate the true cost of this program as the bill does not state how many officers are to be trained, nor does it place a cap on reimbursement for individual officer expenses.  

 

AGENCIES CONTACTED:

Police Standards and Training Council

 

Links

SB376 at GenCourtMobile

Action Dates

Date Body Type
Feb. 1, 2022 Senate Hearing

Bill Text Revisions

SB376 Revision: 34418 Date: Dec. 17, 2021, 10:11 a.m.

Docket


Jan. 14, 2022: Hearing: 02/01/2022, Room 100, SH, 01:00 pm; SC 4


Dec. 17, 2021: To Be Introduced 01/05/2022 and Referred to Judiciary; SJ 1